Aktiv Kapital (UK) - Who Are They?

hannoja

Got a reply today from AK. Similar to lightmaster's post:

lightmaster wrote: »

Following on from my post on 07/08/08 and rog 2 reply. I have now had a letter back from AK in which they state the following
They are not the original creditor and they purchased the outstanding balance and the right to collect the balance along with interest. " we did not purchase your actual Agreemant, consequently we have no obligation to provide you with a copy of that agreement"
They go on to say that have tried to obtain a copy of the original agreement but have been advised that it is not available.
They also say that there is no reason why the collection activities should be suspended as I have previously made payments which in its self is an admition of liability
" We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this group of companies"

Any thoughts on what should be in my reply
Regards

I'll type mine out:
Dear <person-we-thought-we-could-pull-a-fast-one-on!>!

We refer to your recent letter regarding the above referenced account.

We do not believe that we fall within the definition of a creditor contained within Section 189 of the Consumer Credict Act 1974. This is because the Act defines a creditor as the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law.

In our case, we purchased the right to recover the outsanding balance due under the agreement. We did not purchase the duties under the agreement and these were retained by the original creditor who sold the debt to us.

However, as far as we are able, we do wish to provide the information that you require and which is required under the Consumer Credit Act 1974, in an effort to resolve this matter.

To this end, we have contacted the original creditor with a view to obtaining the relevant documents.

Unfortunately, in this case, the original creditor has been unable to provide us with the information that you have requested, and as such we now inform you that we will cease all further collections activity in regards to this matter.

Like rog2, I was rather aghast at this reply which seemed to be saying something along the lines of '.. I stole the item so it's mine, but it doesn't belong to me...' :rotfl:

rog2 wrote: »

Hi lm - That must be about the most limp wristed ever reply from AK - it is total !!!!. The very fact that they were chasing you for this 'debt' means that they must legally abide by the terms and conditions of the Consumer Credit Act, 1974 and provide you, within 12 working days of your request, with a true copy of the executed consumer credit agreement whether they were the original creditor or not.
They have no right to 'collect the balance along with interest' unless they have, and can provide you with, a true copy of the cca and the deeds/letter of assignment.
This 'debt' is, therefore, currently unenforceable by AK, unless they take you to court, in which case you would, in your defence, state that they have refused to comply with yor request for a true copy of the executed cca, as is your right and their legal obligation under the Consumer Credit Act 1984.
Have you sent them any other letters, other than the original cca request?

I have to say I am totally 'gobsmacked' at their reply.

Anyway, that'll do for me. Hope everyone else being hounded by these unscrupulous individuals throws metaphorical eggs at them too!
:T

e00c

Firstly, moneysavingexpert has saved me tons of money already!!

Secondaly... Aktiv Kapitol.... wow the things on this forum!

I too receieved a letter from these.. "Buchananclark + wells" acting on behalf of "Aktiv Kapital".

This letter stated I owed them "£174.87 from HSCB current account".
I ignored the letter as I felt it was a mistake. (I closed my account years ago - no overdraft on it, no credit limit. how could I get in debt with it?!)

Anyway, moved house - went to the old house to grab the post... there's a "second demand" letter waiting for me. Instead of calling the number stated, I sent them an email asking them to send me documentation on the debt and how I possible owed this money.... This got ignored. I checked my post yesterday...

"Legal Notification" Letter waiting for me. "blah blah... issue of claim against me in court".

I picked up the phone straight away, asked them how I owe this money... It's a mistake... They said they dont have details so I have to find Aktiv Kapitols number using 192 as they dont have it... *lol*.

Thats when I searched the net and found this thread! whoo woo!

(all these letters happened within a month by the way)


So if i've read this thread correctly, I can send them the template letter with £1 PO... and take it from there? (once I search through the pages and find it! lol)

Thanks guys :T

Bonnielass_3

OMG...I can't believe how many posts are on here, about Activ Kapital

I received a letter via my parents address saying I owe £243. The strange thing about it was the debt is in my previous married name. I know I don't have any outstanding debt - I have been divorced 13 years and the debt is only 12 years old.

I called them and told them this was not my debt and they told me to write to them for more info about the account - instead I wrote to them saying I would be seeking legal advice.

Last night my parents received a call from them saying they wanted to speak to me, so I called them back this morning. They said if I pay now they would give me a discount and reduce the debt to £61 (how can they just reduce a debt just like that??) or if I wanted more info about the account I would end up paying the debt in full. The man I spoke to said it has something to do with the commission they get. It certainly makes you wonder if the debt was there in the first place. How do I know if the debt is even there???

I can't prove the debt is not mine, so for a minute I did consider paying the £61 just to be free of it (I am 26 wks pregnant and could do without the stress and hassle). I told Aktiv Kapital I would think about it and call them back.

It was then I looked on google and came across this site. I am now even more confused as to what to do. Do I just pay the £61 and be free of it and never hear from them again (I hope!!) or do I ask for more info and see where it takes me, only end up paying the full £243 debt - which I don't really want to do!!

If I didn't find this site I would have ended up paying the £61 - now, I just don't know.

Please, is there anyone who can help????

Bonnielass_3

Bonnielass wrote: »

OMG...I can't believe how many posts are on here, about Activ Kapital

I received a letter via my parents address saying I owe £243. The strange thing about it was the debt is in my previous married name. I know I don't have any outstanding debt - I have been divorced 13 years and the debt is only 12 years old.

I called them and told them this was not my debt and they told me to write to them for more info about the account - instead I wrote to them saying I would be seeking legal advice.

Last night my parents received a call from them saying they wanted to speak to me, so I called them back this morning. They said if I pay now they would give me a discount and reduce the debt to £61 (how can they just reduce a debt just like that??) or if I wanted more info about the account I would end up paying the debt in full. The man I spoke to said it has something to do with the commission they get. It certainly makes you wonder if the debt was there in the first place. How do I know if the debt is even there???

I can't prove the debt is not mine, so for a minute I did consider paying the £61 just to be free of it (I am 26 wks pregnant and could do without the stress and hassle). I told Aktiv Kapital I would think about it and call them back.

It was then I looked on google and came across this site. I am now even more confused as to what to do. Do I just pay the £61 and be free of it and never hear from them again (I hope!!) or do I ask for more info and see where it takes me, only end up paying the full £243 debt - which I don't really want to do!!

If I didn't find this site I would have ended up paying the £61 - now, I just don't know.

Please, is there anyone who can help????

I've had some time to cool off and read a some posts on here as to what to do.

Still not sure what to do - I understand that I have to sent a letter and a £1 PO, but which letter do I send - there are many to choose from.

Not sure where I legally stand. AK are saying they tried to contact me, but was told I had moved, but there was an 8 year period where they could have contacted me as they seem to have an old address of mine and we didn't move from there until 2005??????

Ukevas

all depends if you want the hassle of it all

now that said AK aint my fav company and any stick in the eye is all good for me.

so you can a) pay

or click this link http://forums.moneysavingexpert.com/showthread.html?t=963087

b ) send this letter in post number 9

or C ) by the sounds of it the debt is older then the hills so send letter in post number 4

which ever you choose good luck with the new baby

GeorgeUK

I would definately send the letter in post 4. If no payments have been made towards the debt or written acknowledgement of the debt, then it is statute barred and unenforcable. Whether it is yours or not, after sending this letter they should not try to pursue you for the debt again or they will be in breach of the regulations.

They're just total chancers.

rog2

I agree with George - This 'debt' is so statute barred it should be in a museum.

Never mind - once you have told them that you will NOT be making any further payments towards the 'alleged debt' because it is 'statute barred' then they must cease all further attempts at collecting against this 'debt':

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

itsnever2lateisit?

rog2 wrote: »

I agree with George - This 'debt' is so statute barred it should be in a museum.
<snip>

Class Rog:rotfl: :rotfl:

e00c

*cough cough*... never mind the pregnant lady! lol

I guess I just send them a £1 PO and do it that way ? (post #614 btw :P )

missbargain

Hello,

Can someone please help me with the kind of letter I need to send.

I got a few letters (plus numerous phone calls which I never took) from a Debt Collection Agency for a supposed debt to one of the Gyms I used to be a member off. One of the letters was the mandatory "you have 4 days to pay, otherwise, we'll see you in court".
I immediately sent them an email in which I stated my upset about them calling me, as I fullfilled all my financial obligations to the gym.

I supported my claim with the (scanned) copy of my email to the gym cancelling my membership as well as the copy of my bank statement which shows that I had paid the contractual exit fee of the one month worth of the gym membership (I was out of the 12 month contract then, and only one month fee was needed to be payed in order to cancell the membership).
I also returned the gym pass in person the same day that I cancelled the memberiship on and never used the gym since, even though I was entitled to use if for that one month that I paid the "exit fee" for.

I sent my email with all of this documentation to the debt collection agency over a month ago and I haven't heard anything from them since.

However, I don't feel good with no reply back to me, I feel that I need to have something in writing (how come they wrote and called incestantly before, and now nothing). I would like to have something in writing from them saying that this case is now closed and to remove me from their file, as I feel this is an unfinished matter when I have nothing back from them saying "the file is closed".

I apologise if similar case to mine was already posted, I have read through many pages of this thread, but I am still not sure what letter to post.
Thank you in advance, MB

P.S.

Also, two months after I had cancelled my membership and returned the pass, the gym set up the direct debit with my bank totally without my knowledge or authorisation and took out "membership" money as if I was still a member of the gym, even though I returned the pass two months earlier and never turned up again (obviously, I had no pass).

I was livid, I called my bank and they told me that this was illegal, and they (the bank) refunded my money on the spot and put the note on my bank account that this gym is forbidden to set up DD without my express authorisation beforehead. This has put me off joining the gym forever, and I used to enjoy going at one time.

Setting up DD without my authorisation is surelly illegal, isn't it, do I have any recouse against the gym about this?